Colorado POST Practice Exam

In what situation can an officer make an arrest without a warrant?

1. When a suspect flees the scene of a crime

2. When someone has committed a crime in an officer's presence

3. When public safety is at risk

4. When the officer suspects a crime is about to happen

The correct answer is: When someone has committed a crime in an officer's presence

An officer can make an arrest without a warrant when someone has committed a crime in the officer's presence. This principle is based on the idea that if a law enforcement officer personally observes a crime being committed, it provides them with the probable cause necessary to detain or arrest the suspect immediately. The rationale is that the officer's direct witnessing of the offense allows them to fulfill their duty to maintain public order and uphold the law. In contrast, the other options describe situations that either involve assumptions or indirect observations of criminal activity. While fleeing from the scene may raise suspicion and indicate guilt, it does not, by itself, allow for an arrest without observing the commission of a crime. Situations involving public safety could warrant intervention, but they do not always constitute a criminal offense that justifies an immediate arrest. Lastly, merely having a suspicion that a crime is about to occur does not meet the legal standards for making an arrest; there must be concrete evidence or personal observation of an offense. Therefore, witnessing a crime allows the officer to take immediate action, justifying an arrest without the need for a warrant.